Mutual Societies Application Form

advertisement
Mutual Societies Application Form
Mutual Societies
Application Note
Notification
of Charges
Notes
Notification of charges
Please take time to read these notes carefully. They will help you to fill in the form correctly.
These notes are for information only. They are not a full statement of legal obligations under the relevant
legislation. The society or credit union may wish to seek legal advice on how to comply with the legislation.
If after reading these notes you need more help please:

check our website for more information on Mutual Societies: http://www.fca.org.uk/mutuals

email mutual.societies@fca.org.uk; or

call the Contact Centre 0845 606 9966.
Terms in this form
'FCA',’PRA’, 'us' and 'we' refer to the Financial Conduct Authority or Prudential Regulation Authority.
'You' refers to the person signing the form on behalf of the society or credit union.
‘The 2014 Act’ is the Co-operative and Community Benefit Societies Act 2014
FCA  Mutuals notification of charges (N)  Release 2  July 2014
page 1
NOTES - Legislation and what to expect
Legislation and what to expect
Societies registered under the Co-operative and Community Benefit Act
2014 (including credit unions)
Societies in England and Wales
Section 59 provides for recording a charge against assets of a society registered under
the 2014 Act.
Section 61 of the 2014 Act provides for giving us notice of any release, discharge or
other transaction relating to a charge that we have already recorded.
Societies in Scotland
Section 63 provides for registering a floating charge against assets of a society
registered under the 2014 Act.
Section 64 of the 2014 Act provides for giving us notice of any release, discharge or
other transaction relating to a charge that we have already recorded.
What to expect
If your application is complete, we will record or register as appropriate and send you a
formal acknowledgement.
FCA  Mutuals notification of charges (N)  Release 2  July 2014
page 2
1
NOTES - 1 Details of charges
Details of charges
Full name of society or credit union (front page)
You must give the full registered name, please do not use abbreviations.
Society or credit union details
1.1 Society or credit union details
The register number is the number your society was given when it was first registered. If
you are not sure what this is please search on the Mutuals Register at
http://mutuals.fsa.gov.uk/ using the name of your society.
Details of charges (fixed or floating)
1.2 What are you applying to record or register?
No extra guidance
Recording/registering a charge (fixed or floating)
1.3 Names of the parties the charge is made between
You must give full names, please do not use abbreviations.
1.4 Date of Instrument
No extra guidance
1.5 You must confirm that a certified copy of the charge is attached
The charge should be a copy of the charge instrument. The copy of the charge
submitted should be certified as a true copy of the charge instrument, with no redaction,
and the signature certifying such must be an original signature.
1.6 Are you submitting this charge outside the 21 day time limit?
We must receive your correctly-completed application to record or register a charge
within 21 days of the date of the charge being created for it to be accepted for recording
or registration. The 21 day period includes the dates the charge was made.
If the application is correct and you submit it within the 21day limit, we will record or
register the charge.
If the application is correct but you submit it outside the 21 day limit, we will return it
unless you give the reasons in the relevant space in the form.
How to apply for an extension of the time limit
You must complete the box in question 1.6 if you are submitting your application outside
the 21 day time limit.
You should state why the application was submitted late. Stating on the form 'it was
submitted late' is not enough and we will ask you to give more detailed reasons.
FCA  Mutuals notification of charges (N)  Release 2  July 2014
page 3
NOTES - 1 Details of charges
Signature
1.7 This must be signed by one of the following:

the Secretary of the society or credit union; or

a Solicitor acting on behalf of the society or credit union; or

a person interested in the charge on behalf of the society or credit union.
We require all signatures to be original signatures.
If you are only applying to record or register a charge you are not required to sign
the statutory declaration in section 2.
Complete satisfaction of charge (fixed or floating)
1.8 Date the charge was satisfied (dd/mm/yyyy)
No extra guidance
1.9 You must confirm that you have attached a copy of both the original
acknowledgment certificate and the first page of the charge
Form AJ if you are applying on behalf of an English or Welsh society or
Form AK if you are applying on behalf of a Scottish society.
We would have sent you this when the charge was first recorded or registered.
1.10 Give details below of the property no longer charged, e.g. address
You should give the address or any other details that identify the property no longer
charged. If there is insufficient space within the box write 'see attached' and attach
relevant details.
Partial satisfaction of charge (fixed or floating)
1.11 Date the charge was partially satisfied (dd/mm/yyyy)
No extra guidance
1.12 You must confirm that you have attached a copy of both the original
acknowledgment certificate and the first page of the charge
Form AJ if you are applying on behalf of an English or Welsh society or
Form AK if you are applying on behalf of a Scottish society.
We would have sent you this when the charge was first recorded or registered.
1.13 The amount by which the charge was partially satisfied
No extra guidance
Release of charge (fixed or floating)
1.14 Date when the society or credit union was released from the charge (dd/mm/yyyy)
No extra guidance
1.15 You must confirm that you have attached a copy of both the original
acknowledgment certificate and the first page of the charge
Form AJ if you are applying on behalf of an English or Welsh society or
Form AK if you are applying on behalf of a Scottish society.
We would have sent you this when the charge was first recorded or registered.
FCA  Mutuals notification of charges (N)  Release 2  July 2014
page 4
NOTES - 1 Details of charges
1.16 Give details below of the property no longer charged, e.g. address
You should give the address or any other details that identify the property no longer
charged. If there is insufficient space within the box write 'see attached' and attach
relevant details.
Signature
1.16 This must be signed by the Secretary of the society or credit union
We require all signatures to be original signatures.
You must now arrange for section 2 to be signed.
FCA  Mutuals notification of charges (N)  Release 2  July 2014
page 5
2
NOTES - 2 Statutory Declaration
Statutory Declaration
Declaration
2.1 The Secretary and a member of the committee of management (or director) of the
society or credit union must sign below in front of a solicitor, a commissioner for
oaths, notary public or justice of the peace.
We require all signatures to be original signatures
FCA  Mutuals notification of charges (N)  Release 2  July 2014
page 6
Download